2025-06-18 sec-litreleases pdf 1329 KB 3,369 chars

SEC v. MAXUM INDEMNITY COMPANY, No. 1:20-cv-05227, Southern District of New York (June 18, 2025)

raw: SEC v. CURT KRAMER

SEC v. CURT KRAMER, No. 1:20-cv-05227 (June 18, 2025)

Caption
Tokio Marine Specialty Insurance Company v. Maxum Indemnity Company
summary

The SEC and defendants Curt Kramer, Power Up Lending Group, Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending, LLC agreed to dismiss their civil enforcement action with prejudice.

paragraph

The SEC filed a civil enforcement complaint against Curt Kramer and several entities on May 7, 2024, regarding alleged misconduct. The litigation concluded via a stipulation to dismiss with prejudice, involving no specified monetary penalties or financial sanctions in the agreement. As part of the resolution, the defendants waived all rights to seek reimbursement for attorney's fees or legal costs from the United States.

narrative

The Securities and Exchange Commission initiated a civil enforcement action on May 7, 2024, against Curt Kramer, Power Up Lending Group, Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending, LLC. Following a motion to dismiss filed by the defendants in August 2024, the parties entered into a stipulation to dismiss the litigation with prejudice. The agreement, dated March 2025, stipulates that the case is dismissed without costs or fees to either party. Under the terms of the settlement, the defendants waived all rights to seek reimbursement for attorney's fees under the Equal Access to Justice Act or other provisions. Additionally, the defendants released the SEC and its officers from any and all claims arising from the litigation or related investigations. The resolution effectively closes the enforcement action regarding the conduct alleged in the original complaint.

Enriched metadata

Scheme
non-corporate (60%)
Court
Southern District of New York
Case No.
1:20-cv-05227
Classified non-corporate(confidence 60%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
Tokio Marine Specialty Insurance CompanyMaxum Indemnity Company
Keywords
commissionlitigationcurt kramersecurities exchangeexchange commissionwhereas commissionsecwhereascurtkramersecuritiesexchangelendingenforcementcommission curt

Extracted insights

Entities 6
  • organization Defendants
  • person Defendants
  • person Marshall R. King
  • person samuel j. waldon
  • agency Securities and Exchange Commission
  • organization Securities and Exchange Commission
Triples 10
  • Securities And Exchange Commission filed Complaint
  • Defendants filed motion to dismiss
  • Securities And Exchange Commission believes dismissal of case
  • Securities And Exchange Commission seeks dismissal of Litigation
  • Commission And Defendants agree dismissal of Litigation
  • Defendants waive rights under Equal Access to Justice Act
  • Defendants release claims against Commission
  • Samuel J. Waldon represents Securities And Exchange Commission
  • Marshall R. King represents Defendants
  • Securities And Exchange Commission dismiss case with prejudice
Text layers
Extracted body text (3,369c)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,

v.

CURT KRAMER,
POWER UP LENDING GROUP, LTD.,
GENEVA ROTH REMARK HOLDINGS, INC.,
and 1800 DIAGONAL LENDING, LLC,
Defendants.

Civil Action No.
24-cv-03498 (ER)

STIPULATION TO DISMISS AND RELEASES

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Securities and Exchange Commission (the “Commission”) and Defendants Curt Kramer, Power Up Lending Group, Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending LLC (collectively, the “Defendants”) hereby stipulate and agree as follows:

WHEREAS, the Commission filed a Complaint in this civil enforcement action (the “Litigation”) on May 7, 2024;

WHEREAS, the Defendants filed a motion to dismiss the Commission’s claims on August 23, 2024, which has been fully briefed since October 15, 2024, and remains pending;

WHEREAS, in the exercise of its discretion and as a policy matter, the Commission believes the dismissal of this case with prejudice is appropriate;

WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not necessarily reflect the Commission’s position on any other case; and

WHEREAS, the Commission and the Defendants agree to have this Litigation dismissed on the terms set forth herein.

---

NOW, THEREFORE,

1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Commission and the Defendants stipulate and agree that this Litigation shall be dismissed with prejudice as to the conduct alleged in the Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney’s fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including, but not limited to, investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including, but not limited to, investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

Samuel J. Waldon
Acting Director, Division of Enforcement
Antonia M. Apps
Acting Deputy Director, Division of Enforcement
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE
Washington, DC 20549

Marshall R. King
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166-0193
[email protected]
Counsel for Defendants
Dated: March 16, 2025

---

Suzanne J. Romajas
Daniel T. Lloyd
Stephen M. LeBlanc
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE
Washington, DC 20549
[email protected]
[email protected]
[email protected]

Counsel for Plaintiff
June 18
Dated: March 18, 2025
OCR text (3,431c · tika+glm · 85% conf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,

v.

CURT KRAMER,
POWER UP LENDING GROUP, LTD.,
GENEVA ROTH REMARK HOLDINGS, INC.,
and 1800 DIAGONAL LENDING, LLC,
Defendants.

Civil Action No.
24-cv-03498 (ER)

STIPULATION TO DISMISS AND RELEASES

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Securities and Exchange Commission (the “Commission”) and Defendants Curt Kramer, Power Up Lending Group, Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending LLC (collectively, the “Defendants”) hereby stipulate and agree as follows:

WHEREAS, the Commission filed a Complaint in this civil enforcement action (the “Litigation”) on May 7, 2024;

WHEREAS, the Defendants filed a motion to dismiss the Commission’s claims on August 23, 2024, which has been fully briefed since October 15, 2024, and remains pending;

WHEREAS, in the exercise of its discretion and as a policy matter, the Commission believes the dismissal of this case with prejudice is appropriate;

WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not necessarily reflect the Commission’s position on any other case; and

WHEREAS, the Commission and the Defendants agree to have this Litigation dismissed on the terms set forth herein.

---

NOW, THEREFORE,

1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Commission and the Defendants stipulate and agree that this Litigation shall be dismissed with prejudice as to the conduct alleged in the Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney’s fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including, but not limited to, investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including, but not limited to, investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

Samuel J. Waldon
Acting Director, Division of Enforcement
Antonia M. Apps
Acting Deputy Director, Division of Enforcement
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE
Washington, DC 20549

Marshall R. King
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166-0193
[email protected]
Counsel for Defendants
Dated: March 16, 2025

---

Case 1:24-cv-03498-ER Document 49 Filed 06/18/25 Page 3 of 3

Suzanne J. Romajas
Daniel T. Lloyd
Stephen M. LeBlanc
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE
Washington, DC 20549
[email protected]
[email protected]
[email protected]

Counsel for Plaintiff
June 18
Dated: March 18, 2025